Commercial law. Payment order. Payment request (lecture notes)

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Commercial law. Payment order. Payment request (lecture notes)

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LECTURE No. 59. Payment order. Payment request

1. Payment order

Payment order - a document, a written order of the account holder to the bank serving him on the transfer of a certain amount of money from the account of its owner to the account of the recipient of funds in the same or another bank institution. A payment order is issued on a strictly prescribed form, which contains all the necessary details for making a payment. The federal law "On the Central Bank of the Russian Federation" establishes the terms for non-cash payments. The total period should not exceed within the subject of the Russian Federation - 2 business days; throughout the territory of the Russian Federation - 5 business days.

Settlements by payment orders are applied when:

1) transfer of funds for goods supplied, work performed, services rendered;

2) making prepayments for goods delivered, works performed, services rendered;

3) transfer of funds to the budgets of all levels and extra-budgetary funds;

4) transfer of funds for the purpose of repayment, placement of credits (loans), deposits and payment of interest on them;

5) transfer of funds for other purposes provided for by law or the contract.

The Bank is liable for non-execution or improper execution of the order, if this resulted in unlawful deduction, then it pays interest for the use of other people's funds. The amount of interest is determined by the discount rate of bank interest existing at the location of the bank.

2. Payment request

Payment request - a settlement document that contains the requirement of the creditor (recipient of funds) under the agreement to the debtor (payer) to pay a certain amount of money through the bank. Settlements by payment claims are used in settlements for goods supplied, work performed, services rendered, as well as in other cases provided for by the main contract.

There are two types of payment requests:

1) with the payer's acceptance;

2) without the payer's acceptance.

When using claims with the payer's acceptance, the creditor sends a claim to the bank indicating:

1) terms of payment;

2) the term for acceptance;

3) the dates of sending (delivery) to the payer of the documents provided for by the agreement, if these documents were sent (handed over) by him to the payer;

4) product name;

5) numbers and dates of the contract;

6) numbers of documents confirming the delivery of goods;

7) numbers of documents confirming the dates of delivery of goods, methods of delivery of goods and other details.

The payer must send a reasoned refusal of acceptance within the prescribed period. In the absence of a refusal of acceptance within this period or its lack of motivation, the bank writes off the corresponding amount from the payer's account if there are funds on it.

In the case of direct debiting, the creditor sends a payment request to the bank without acceptance, accompanied by the documents on the basis of which this debiting should take place.

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